2022 Legislation

The following is a summary of the bills from the last legislative session that may be of interest to our membership.  For the full text of each bill please go to: http://iga.in.gov/legislative/2022/bills/.

This page was last updated on 1-25-2022 at 4:15 p.m.

 

Senate: 

SB 6: Bail for violent arrestees. Defines “violent crime”, “violent arrestee”, “repeat violent arrestee”, and “minimum bail amount”, and requires: (1) a court to review the probable cause affidavit or arrest warrant before releasing a violent arrestee or repeat violent arrestee on bail; (2) bail to be set for a violent arrestee or repeat violent arrestee following a hearing in open court; and (3) a repeat violent arrestee released on bail to pay 100% of the minimum bail amount by cash deposit. Prohibits a third party who is not a close relative of a repeat violent arrestee from posting bail for the repeat violent arrestee. Requires mandatory bail revocation for a violent arrestee who commits a felony while released. Provides for victim notification of bail hearings. Requires nonmonetary release for non-violent arrestees under certain circumstances. Makes conforming amendments.

  • Passed the Senate on 1-25-2022 and referred to the House.

SB 7: Marion County crime reduction pilot.  Establishes the Marion County crime reduction board (board) as part of the Marion County crime reduction pilot project. Allows the board to approve interoperability agreements between law enforcement agencies to expand the jurisdiction, duties, and responsibilities of law enforcement agencies operating in downtown Indianapolis. Requires the board to annually report certain information to the legislative council.

  • Passed the Senate on 1-25-2022 and referred to the House.

SB 8: Nonprofit bail funding.  Allows a charitable organization to pay bail on behalf of a defendant if the organization meets certain criteria. Exempts from the certification requirement a charitable organization that pays bail for not more than two individuals in any 180 day period. Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) providing a grant to any entity that provides funding for any person. Requires a court to apply the bail to certain court costs. Prohibits an entity that has received a grant from the state or a political subdivision from posting bail for any person or providing a grant, directly or indirectly, to an entity that posts bail for any person.

  • Passed the Senate on 1-25-2022 and referred to the House.

SB 9: Electronic monitoring standards. Establishes standards, including staffing minimums and notification time frames, for persons and entities responsible for monitoring individuals required to wear a monitoring device as a condition of probation, parole, pretrial release, or community corrections. Provides immunity for acts or omissions performed in connection with implementing monitoring standards. Provides that a defendant commits escape if: (1) the defendant disables or interferes with the operation of an electronic monitoring device; or (2) the defendant violates certain conditions of home detention (under current law, any violation of a condition of home detention constitutes escape). Makes escape committed by a juvenile status offender a status offense under certain circumstances. Makes conforming amendments.

  • Passed the Senate on 1-25-2022 and referred to the House.

SB 10: Marion County violent crime reduction pilot. Permits establishment of the: (1) Marion County violent crime reduction pilot project; and (2) Marion County violent crime reduction pilot project fund; to identify violent crime reduction districts in Marion County and to provide grants for overtime, violent crime reduction programs, and additional law enforcement services in the violent crime reduction districts. Defines “violent crime reduction district”.

  • Passed the Senate on 1-25-2022 and referred to the House.

SB 14: Firearms matters. Makes the current offense of carrying a handgun without a license applicable only to persons who are at least 18 years of age but less than 21 years of age. Allows certain persons who are at least 21 years of age to possess or carry a handgun without a license unless the person fits into one of several categories, including a person who: (1) has been convicted of, or arrested for, specified crimes or delinquent offenses; (2) has been prohibited by a court from possessing a handgun or has been found by a court to be dangerous; or (3) has been found by a court to be mentally incompetent, has been involuntarily committed, or has been the subject of a 90 day or regular commitment. Allows certain persons who: (1) do not meet the requirements to receive a license to carry a handgun; and (2) are not otherwise barred from carrying or possessing a handgun by state law; to carry a handgun in specified instances. Makes it a Class A misdemeanor for particular persons to possess or carry a handgun. Increases the penalty to a Level 5 felony in some instances. Defines certain terms. Makes conforming amendments and repeals obsolete provisions. Makes a technical correction.

  • Heard in hearing in the Senate Judiciary Committee on 1-19-22.  Remains in committee and not likely to be passed out of committee before deadline.

SB 94: Sentence modification. Establishes a procedure to allow certain inmates in the department of correction (department) an additional opportunity to request sentence modification from the sentencing court if the department has recommended sentence modification. Requires that an inmate who receives sentence modification be placed under supervision of: (1) a community transition program; (2) a court; (3) community corrections program; or (4) a supervised reentry program.

  • Passed the Senate on 1-11-2022 and referred to the House.

SB 149: Various courts matters. Makes clarifying changes to the powers and duties of the Marion superior court executive committee. Provides that an appointed judicial officer shall be vested by the judges of the family division of the Marion superior court with suitable powers for the handling of all probate matters of the court. Removes and reallocates the powers and duties of a probate hearing judge, probate commissioner, juvenile referee, bail commissioner, and master commissioner from the Marion superior court. Provides that the Marion County judicial selection committee nomination procedure shall be followed when filling a vacancy that occurs in a court. Provides that the: (1) clerk of a circuit court; (2) clerk of a city or town court; or (3) judge of a city or town court that does not have a clerk; may retain as an administrative fee an amount of up to $3 from the excess amount collected by the clerk for general court costs.

  • Passed the Senate on 1-20-2022 and referred to the House.

SB 168: Speeding.  Provides that a person who knowingly, intentionally, or recklessly operates a vehicle at a speed more than 24 miles per hour above the posted maximum speed limit for a highway commits a Class C misdemeanor, unless the offense causes bodily injury to a person or damages the property of another person. Requires a juvenile court to recommend the suspension of the driving privileges of a child who causes bodily injury to a person while knowingly, intentionally, or recklessly driving more than 24 miles per hour above the posted maximum speed limit for a highway. Provides that the court shall require a delinquent child to pay the fine that would be imposed for a Class A misdemeanor if committed by an adult if the delinquent child caused bodily injury to a person while the delinquent child knowingly, intentionally, or recklessly drove more than 24 miles per hour above the posted maximum speed limit for a highway. Provides that an amount paid by a delinquent child must be deposited in the county’s guardian ad litem fund or court appointed special advocate fund.

  • Not likely to receive a committee hearing before the deadline.

SB 180: Interim Study Committee. Requests that the legislative council assign to the interim study committee on child services the topic of studying a requirement for and funding of court appointed attorneys in certain cases involving juveniles.

  • Passed second reading in the Senate on 1-25-22.

SB 181: Department of correction matters. Establishes certain conditions of parole for a person on lifetime parole and makes the violation of parole conditions and commission of specified other acts by a person on lifetime parole a Level 6 felony, with an enhancement to a Level 5 felony for a second or subsequent offense. Provides that, for purposes of calculating accrued time and good time credit, a calendar day includes a partial calendar day.

  • Passed the Senate Corrections and Criminal Law Committee on 1-25-22.

SB 182: Court procedures. Provides that the bureau of motor vehicles (BMV) may not suspend a person’s driving privileges for being a habitual traffic offender if the court does not transmit a qualifying conviction to the BMV within 30 days after sentencing. Specifies that an arrest, criminal charge, or juvenile delinquency allegation that results in an adjudication for an infraction does not result in a conviction for purposes of expungement. Authorizes a person participating in a pretrial diversion program to file a petition for expungement with the authorization of the prosecuting attorney. Requires a court to automatically issue an expungement order, subject to certain exceptions, if: (1) all pending criminal charges against a person are dismissed; (2) the person is acquitted; or (3) the person is arrested and no charges have been filed within 60 days. Makes conforming amendments.

  • Passed the Senate Corrections and Criminal Law Committee on 1-25-22.

SB 194: Credit time for pretrial home detention. Provides that credit time earned for pretrial home detention is the same as credit time earned for pretrial incarceration.

  • Not likely to receive a committee hearing before the deadline.

SB 195: Juvenile records expungement and basis for escape. Requires the juvenile court to hold a hearing within 60 days if it does not order automatic expungement of records, to consider certain factors when conducting an expungement hearing, and to order expungement of records if the juvenile delinquency allegations were not adjudicated or were vacated. Requires information or documents released to be redacted to protect the child’s identity. Removes a violation of a home detention order as a basis for the commission of committing an escape.

  • Not likely to receive a committee hearing before the deadline.

SB 276: Cause of action for civil rights violations. Prohibits a governmental entity (entity), including a state educational institution (institution), from discriminating against persons: (1) over the exercise of rights provided or protected by the Constitution of the United States; or (2) by granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. Specifies certain exemptions. Provides that prohibited discrimination may be asserted as a claim or defense in a judicial or administrative proceeding regardless of whether the relevant entity or institution is a party to the proceeding. Provides that, if the relevant entity or institution is not a party to a proceeding, the relevant entity or institution has an unconditional right to intervene in order to respond to an action or claim alleging discrimination. Specifies certain awards and remedies. Defines certain terms.

  • Not likely to receive a committee hearing before the deadline.

SB 308: Reimbursement for public defender services. Provides that the public defender commission may reimburse a county up to 40% of the county’s expenditures for indigent defense services provided in misdemeanor cases, up to 80% of a multicounty public defender’s office’s expenditures for indigent defense services in noncapital cases, and up to 80% of expenditures for indigent defense services provided for counsel at first appearance by a county or multicounty office. Specifies that that the commission may not certify misdemeanor expenses unless at least 50% of those expenses are to reimburse for services provided by private attorneys. Provides that the public defender commission shall appoint one member to certain county public defender boards. Changes population parameters to reflect the population count determined under the 2020 decennial census. Makes conforming amendments.

  • Passed the Senate Corrections and Criminal Law Committee on 1-18-22 and reassigned to the Senate Appropriations Committee.

SB 340: Juvenile law matters. Repeals provisions providing that juvenile courts do not have jurisdiction over juveniles charged with certain offenses. Repeals provisions: (1) imposing various juvenile court fees; (2) under which a parent of a delinquent child is required to pay: (A) an application fee for transfer of the child to another state; or (B) the costs of returning the child to Indiana; under the interstate compact for juveniles; (3) under which: (A) child support payments; and (B) state or federal benefits; for a child removed from the child’s home by the department of child services (DCS) are paid or assigned to DCS for the duration of the child’s removal; (4) imposing a fee for a child’s participation in a program of informal adjustment; (5) requiring parents of a child to pay costs of educational or rehabilitative services provided for the child while the child is under the supervision of the probation department; (6) under which a juvenile court may order a parent of a child adjudicated to be a child in need of services (CHINS) or adjudicated delinquent to reimburse the county for costs incurred by the county with respect to services for or placement of the child; (7) under which a parent of a child: (A) adjudicated to be a CHINS; (B) adjudicated delinquent; or (C) participating in a program of informal adjustment; is required to reimburse DCS for the cost of services provided for the child by DCS; (8) under which a parent of a delinquent child may be required to reimburse costs of services provided by the department of correction if the child is made a ward of the department of correction; (9) imposing a juvenile probation fee; (10) allowing a juvenile court to require a parent of a child to pay a fee for the services of a guardian ad litem or court appointed special advocate appointed for the child; (11) requiring a parent to pay expenses assessed against the parent’s child by a problem solving court; and (12) requiring a parent to reimburse a county for public defender services provided to the parent’s child; and provides that any outstanding costs, fees, or other financial obligations, or any warrant based solely on costs, fees, or other financial obligations, that have been imposed on a delinquent child or the parent or guardian of a delinquent child under these repealed provisions are vacated and unenforceable. Discontinues the collection of a civil filing fee for paternity actions. Discontinues the division of youth services transitional services fund. Provides that a statement made during a custodial interrogation by a juvenile regarding an act allegedly committed when the juvenile was less than 18 years of age is inadmissible for purposes of specified criminal or juvenile proceedings if a law enforcement officer or school resource officer knowingly communicates to the juvenile: (1) false information regarding evidence relating to the act; or (2) false or unauthorized statements regarding penalties for the act or leniency in the imposition of penalties for the act; during the custodial interrogation. Imposes requirements on juvenile detention facilities with regard to visitation and contact with residents of a juvenile detention facility. Provides that commission by a juvenile of an offense related to unlawful carry of a firearm is a delinquent act. Provides that commission by a juvenile of: (1) indecent display by a youth; or (2) an act that would be a misdemeanor if committed by an adult; under specified circumstances is a delinquent act. Amends, with respect to provisions allowing public access to certain juvenile court records and records regarding allegations of certain delinquent acts: (1) the circumstances under which such records may be accessed by the public; and (2) the information in the records that may be accessed; without a court order. Allows an individual convicted of a crime committed by the individual before the individual was 18 years of age to petition a court for modification of the individual’s sentence. Eliminates a provision allowing an individual who is 16 or 17 years of age and found guilty of murder to be sentenced to life imprisonment without parole. Provides with regard to murder sentencing that the defendant’s commission of the murder when the defendant was less than 25 years of age (rather than 18 years of age, under current law) at the time of the murder is a mitigating factor. Urges the legislative council to assign to an appropriate interim study committee topics related to court fees, including: (1) distribution of court fee revenue; and (2) alternatives to the collection of court fees.

  • Not likely to receive a committee hearing before the deadline.

SB 344: Task force for the reduction of violent crime. Establishes the task force for the reduction of violent crime (task force). Requires the task force to study potential statutory changes to reduce violent crime and submit a report for distribution to the general assembly.

  • Not likely to receive a committee hearing before the deadline.

SB 409: Community corrections advisory boards. Reduces the number of members who must be appointed to a community corrections advisory board.

  • Bill was withdrawn on 1-20-22.

 

House: 

HB 1004: Department of correction.  Amends and updates certain terms involving direct placement in a community corrections program. Updates the definition of “community corrections program”. Specifies that a court may suspend any portion of a sentence and order a person to be placed in a community corrections program for the part of the sentence which must be executed. Provides that a person placed on a level of supervision as part of a community corrections program: (1) is entitled to earned good time credit; (2) may not earn educational credit; and (3) may be deprived of earned good time credit. Provides that when a person completes a placement program, the court may place the person on probation. Provides that a court may commit a person convicted of a Level 6 felony to the department of correction (department). (Current law provides that, under certain circumstances, a person convicted of a Level 6 felony may not be committed to the department.) Makes conforming changes.

  • Passed the House on 1-11-2022 and referred to the Senate

HB 1038: Arrest warrants for alleged domestic violence. Provides that if a court denies a request for an arrest warrant involving a crime of domestic violence, a prosecuting attorney may petition the court to hold an ex parte hearing to present additional evidence to establish probable cause. Requires a court to set the ex parte hearing within 24 hours after the petition is filed. Provides that if a court denies a request for an arrest warrant after the ex parte hearing and issues a summons for the defendant, certain notice of the summons to the victim is required. Requires the service of summons on a defendant concerning an alleged crime of domestic violence to be served by a law enforcement officer. Requires a bail hearing if a person is charged with a crime of domestic violence. Enhances the penalty for invasion of privacy to a Level 6 felony if a person violates a no contact order that was issued as a condition of probation or a bond. Enhances the penalty for domestic battery to a Level 6 felony if a person has a previous unrelated conviction of domestic battery. Provides that bail must be revoked for a defendant charged with a crime of domestic violence who violates a no contact order while on bail and who is subsequently charged with invasion of privacy or a subsequent crime of domestic violence.

  • Not likely to receive a committee hearing before the deadline.

HB 1075: Commissions and committees. Repeals the following: (1) Indiana advisory commission on intergovernmental relations. (2) Public highway private enterprise review board. (3) Lake Michigan marina and shoreline development commission. (4) Orange County development advisory board. Makes conforming changes. Assigns to the interim study committee on government the task of studying activity of various groups and interstate compacts each even-numbered year. Requires the budget agency to review the salary matrix biennially. Moves a definition from a statute being repealed. Reduces the number of members who must be appointed to a community corrections advisory board.

  • Passed the House on 1-20-22 and referred to the Senate.

HB 1077: Firearms matters. Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of “unlawful carrying of a handgun” and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain terms. Makes conforming amendments and repeals obsolete provisions.

  • Passed the House on 1-11-2022 and referred to the Senate

HB 1084: Ban on public funding of bail paying organization.  Prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) providing a grant to any entity that provides funding for any person. Prohibits an entity that has received a grant from the state or a political subdivision from posting bail for any person or providing a grant, directly or indirectly, to an entity that posts bail for any person.

  • Not likely to receive a committee hearing before the deadline.

HB 1085: Summons to appear.  Requires a local or regional advisory council to determine and compile a list of which Class B and Class C misdemeanor offenses would qualify as an offense for which a local law enforcement officer may issue a summons and promise to appear in lieu of arresting a person. Provides that the summons must: (1) include only a misdemeanor offense approved by a local or regional advisory council located in the officer’s jurisdiction; and (2) set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time. Provides that, a law enforcement officer may not issue a summons if the person has committed a violent misdemeanor offense that involves a victim or a weapon or if the person has committed an offense involving the impaired operation of a motor vehicle. Provides that if the person summoned fails without good cause to appear as commanded by the summons and the court has determined that there is probable cause to believe that a crime (other than a failure to appear) has been committed, the court shall issue a warrant of arrest.

  • Not likely to receive a committee hearing before the deadline.

HB 1132: Firearms matters.  Allows a person to possess or carry a handgun without a license unless the person: (1) has been convicted of certain crimes or delinquent offenses; (2) has been prohibited by a court from possessing a handgun or has been found by a court to be dangerous; or (3) has been found by a court to be mentally incompetent, has been involuntarily committed, or has been the subject of a 90 day or regular commitment. Repeals the current offense of carrying a handgun without a license and makes it a Class A misdemeanor for certain persons to possess or carry a handgun. Increases the penalty to a Level 5 felony in some instances. Makes conforming amendments and repeals obsolete provisions. Makes a technical correction.

  • Not likely to receive a committee hearing before the deadline.

HB 1137: Protective orders. Provides that an order for protection issued ex parte or upon notice and a hearing, or a modification of an order for protection issued ex parte or upon notice and a hearing, is effective: (1) for two years after the date of issuance; or (2) indefinitely after the date of issuance if the respondent is required to register as a lifetime sex or violent offender and the petitioner was the victim of the crime that resulted in the requirement that the respondent register as a lifetime sex or violent offender.

  • Passed the House on 1-25-2022 and referred to the Senate.

HB 1138: Speeding. Provides that a person who recklessly operates a vehicle at a speed more than 24 miles per hour above the posted maximum speed limit for a highway commits a Class C misdemeanor, unless the offense causes bodily injury to a person or damages the property of another person. Requires a juvenile court to recommend the suspension of the driving privileges of a child who causes bodily injury to a person while recklessly driving more than 24 miles per hour above the posted maximum speed limit for a highway. Provides that the court shall require a delinquent child to pay the fine that would be imposed for a Class A misdemeanor if committed by an adult if the delinquent child causes bodily injury to a person while the child recklessly is driving more than 24 miles per hour above the posted maximum speed limit for a highway. Provides that an amount paid by a delinquent child must be deposited in the county’s guardian ad litem fund or court appointed special advocate fund.

  • Not likely to receive a committee hearing before the deadline.

HB 1155: Summons to appear and pretrial matters. Adds additional conditions to an agreement to withhold prosecution including: (1) waiver of fees; (2) right to legal counsel; and (3) collecting and reporting of demographic information. Requires the court to collect demographic information as it relates to the withholding of prosecution and to report the information to the office of judicial administration (office). Requires the office to provide an annual report that includes demographic information and the withholding of prosecution to the governor, chief justice, and the legislative council before December 1 of each year. Provides that in lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in a law enforcement officer’s presence, the officer shall issue a summons and promise to appear unless the person: (1) has committed a violent misdemeanor offense that involves a victim or a weapon or involves an offense related to the impaired operation of a motor vehicle; (2) poses a safety risk to the person, the officer, or the public; or (3) has falsely identified the person to the officer. Provides, however, that the law enforcement officer is not required to issue a summons if the person: (1) is subject to arrest for another offense; (2) has violated the terms of supervised release; or (3) has an outstanding warrant. Requires that the summons set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time not later than two business days after issuance of the summons.

  • Not likely to receive a committee hearing before the deadline.

HB 1165: Criminal justice study committee and reform. Establishes the criminal justice study committee (committee) to conduct a multiyear, comprehensive study of the criminal justice system. Establishes the criminal justice reform commission (commission). Provides for the: (1) membership; (2) membership terms; (3) appointing authorities; (4) quorum requirements; (5) reporting requirements; (6) member per diems; and (7) study topics; for the commission.

  • Not likely to receive a committee hearing before the deadline.

HB 1181: Youth offender boot camps and inmate calling services.  Provides that juvenile offenders may not be placed in department of correction boot camps beginning July 1, 2022. Provides, for purposes of juvenile offenders who are already participating in the boot camp program on July 1, 2022, that the boot camp program expires December 31, 2023. Provides that a rate for intrastate: (1) collect calling; (2) debit calling; (3) prepaid calling; or (4) prepaid collect calling; in connection with inmate calling services shall not exceed the rate cap for the comparable interstate service, as set by the Federal Communications Commission (FCC) and in effect at the time the call is initiated. Provides that this intrastate rate cap is subject to any distinctions in the comparable interstate rate cap set by the FCC that are based on: (1) the type or size of the correctional facility from which the inmate calling services call is placed; and (2) whether any site commission is sought to be recovered through the intrastate rate. Specifies that a provider that has been granted a waiver by the FCC from the interstate rate caps with respect to a particular: (1) correctional facility; or (2) contract for the provision of inmate calling services; is not subject to the intrastate rate caps for the comparable intrastate services provided to the same correctional facility or under the same contract. Prohibits a provider from charging an ancillary service charge for an intrastate inmate calling services call, other than those ancillary service charges permitted by the FCC for interstate or international inmate calling services calls at the time the call is initiated. Provides that a rate for a permitted ancillary service charge for an intrastate inmate calling services call shall not exceed the rate for the comparable ancillary service charge permitted by the FCC for interstate or international inmate calling services calls at the time the call is initiated. Specifies that a provider that has been granted a waiver by the FCC from the ancillary service charge caps for interstate or international inmate calling services calls with respect to a particular: (1) correctional facility; or (2) contract for the provision of inmate calling services; is not subject to the intrastate caps for the comparable intrastate ancillary services provided to the same correctional facility or under the same contract. Prohibits a provider of inmate calling services from impeding the completion of, or otherwise degrading, intrastate collect calling based on the lack of a billing relationship with the called party’s communications service provider. Prohibits a provider from charging any taxes or fees in connection with intrastate inmate calling services calls, except for: (1) authorized fees; and (2) mandatory taxes and fees. Provides that: (1) authorized fees; and (2) mandatory taxes and fees; may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation. Prohibits a provider from: (1) imposing a per call or per connection charge for any intrastate inmate calling services call; or (2) offering flat rate calling for intrastate inmate calling services. Provides that after June 30, 2022, a provider shall not enter into or renew a contract for the provision of inmate calling services at a correctional facility in Indiana unless the terms of the contract comply with these provisions. Provides that any term, condition, or provision that: (1) is included in such a contract; and (2) violates these provisions; is void. Provides that a provider that violates these provisions: (1) commits a deceptive act that is actionable by the attorney general or by a consumer under the deceptive consumer sales act (act); and (2) is subject to the remedies and penalties under the act.

  • Passed the House on 1-25-2022 and referred to the Senate.

HB 1264: Surrender of firearms for domestic violence crimes. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits a Class A misdemeanor. Specifies certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm; (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any license or permit to carry a handgun (license); and (3) requires confiscation, within 72 hours, of any firearm or license owned or possessed by the defendant. Provides that a domestic batterer who knowingly or intentionally fails to surrender a certain firearm or license commits a Class A misdemeanor, enhanced to a Level 6 felony in specific instances. Provides certain defenses. Specifies how a confiscated firearm or license shall be returned or disposed of if a defendant’s right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.

  • Not likely to receive a committee hearing before the deadline.

HB 1279: Release of offender to county of residence. Requires the department of correction to transport a released offender to the county of residence at the time of the conviction unless certain criteria are met.

  • Not likely to receive a committee hearing before the deadline.

HB 1300: Bail. Allows a charitable organization to pay bail on behalf of a defendant if the organization: (1) is certified by the commissioner of the department of insurance; (2) pays cash bail in the amount of $2,000 or less on behalf of a defendant charged only with a misdemeanor; (3) only pays bail for a defendant who is indigent; (4) is represented by a bail agent; and (5) meets certain other requirements. Exempts from the certification requirement a charitable organization that pays bail for not more than two individuals in any 180 day period. Provides that if money or bonds have been set, bail by surety may be substituted for the money or bonds at any time before a breach. Provides that a case management system developed and operated by the office of judicial administration must include a searchable field for certain information of the person or entity that pays bail for an individual.

  • Passed the House Financial Institutions and Insurance Committee on 1-25-22.

HB 1324: Juvenile delinquency and detention. Provides that a child less than 12 years of age may be prosecuted for juvenile delinquency only for commission of certain, specified offenses. Provides that a child who is less than 12 years of age may not be held in a juvenile detention facility, unless: (1) the child is at least 10 years of age and less than 12 years of age; and (2) the court finds that: (A) there is probable cause to believe the child committed an act that would be murder if committed by an adult; and (B) it is in the best interests of the child or the community that a petition be filed alleging that the child is a delinquent child. Requires a court that orders a child at least 10 years of age and less than 12 years of age to be detained in a juvenile facility to make specified written findings and conclusions.

  • Not likely to receive a committee hearing before the deadline.

HB 1359: Juvenile law matters. Provides that the commission on improving the status of children in Indiana (commission) shall create a statewide juvenile justice oversight body (oversight body) to do the following: (1) Develop a plan to collect and report statewide juvenile justice data. (2) Establish procedures and policies related to the use of certain screening tools and assessments. (3) Develop a statewide plan to address the provision of broader behavioral health services to children in the juvenile justice system. (4) Develop a plan for the provision of transitional services for a child who is a ward of the department of correction. (5) Develop a plan for the juvenile diversion and community alternatives grant program. Provides that the oversight body shall have: (1) not later than January 1, 2023, the plan for the grant programs; and (2) not later than July 1, 2023, the juvenile justice data collection plan and the plan for the use of screening tools, assessments, and services; submitted to the commission and the legislative council. Requires the judicial conference of Indiana to develop statewide juvenile probation standards that are aligned with research based practices. Requires the board of directors of the judicial conference of Indiana to approve the standards by July 1, 2023. Defines “detention tool”, “diagnostic assessment”, “juvenile diversion”, “restorative justice services”, “risk and needs assessment tool”, and “risk screening tool”. Requires the use of a risk and needs assessment tool, a risk screening tool, and a diagnostic assessment when evaluating a child at specific points in the juvenile justice system to identify the child’s risk for reoffense. Requires an intake officer and the juvenile court to use the results of a detention tool to inform the use of secure detention and document the reason for the use of detention if the tool is overridden. Requires a court to: (1) after use of a detention tool, include in its juvenile court order the reason for a juvenile detention override; and (2) submit details of the juvenile detention override to the office of judicial administration (office). Requires the office to provide an annual report to the governor, chief justice, and the legislative council before December 1 of each year that includes information about a court’s use of a detention tool and reasons for a juvenile detention override. Provides that a child less than 12 years of age cannot be detained unless detention is essential to protect the community and no reasonable alternatives exist to reduce the risk. Establishes a procedure for juvenile diversion. Requires the office to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes data on any child diverted through the juvenile diversion program. Repeals provisions requiring a child who participates in a program of informal adjustment to pay an informal adjustment program fee. Provides that a child who is a ward of the department of correction shall receive at least three months of transitional services to support reintegration back into the community and to reduce recidivism. Requires the department of correction to provide an annual report to the governor, chief justice, and legislative council before December 1 of each year that includes data collected that will help assess the impact of reintegration improvements for juveniles, including tracking recidivism beyond incarceration and into the adult system. Provides that a juvenile court may recommend telehealth services as an alternative to a child receiving a diagnostic assessment. Beginning July 1, 2023, establishes the juvenile diversion and community alternatives grant programs, juvenile diversion and community alternatives grant programs fund, juvenile behavioral health competitive grant pilot program, and the juvenile behavioral health competitive grant pilot program fund. Requires the Indiana criminal justice institute (institute) to administer each program and fund. Requires the local or regional justice reinvestment advisory council or another local collaborative body to oversee certain juvenile community alternatives grants awarded to a county. Requires the institute to prepare an annual report to the governor, chief justice, and the legislative council before December 1 of each year that details certain performance measures that counties receiving grants must collect and report. Requires the office to administer the statewide juvenile justice data aggregation plan. Makes conforming changes. Makes a technical correction.

  • Passed the House on 1-25-2022 and referred to the Senate.

HB 1414: Bail. Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant’s financial circumstances, to assure the arrestee’s appearance at trial and to protect the community.

  • Not likely to receive a committee hearing before the deadline.